2021 – Federal Register Recent Federal Regulation Documents

We, the U.S. Fish and Wildlife Service (Service), propose to remove 23 species from the Federal Lists of Endangered and Threatened Wildlife and Plants due to extinction. This proposal is based on a review of the best available scientific and commercial information, which indicates that these species are no longer extant and, as such, no longer meet the definition of an endangered species or a threatened species under the Endangered Species Act of 1973, as amended (Act). We are seeking information and comments from the public regarding this proposed rule.

The Coast Guard is establishing a safety zone near Ship Rock, Catalina Island, in support of the Ocean Cup Pacific Rum Run. This action is necessary to protect the area near Ship Rock, Catalina Island, public vessels, and the high speed vessels participating in the event. This regulation would prohibit vessels from entering into, transiting through, or remaining within the designated area unless specifically authorized by the Captain of the Port, Los AngelesLong Beach, or her designated representative.

The Environmental Protection Agency (EPA) is taking final action to approve a revision to the State Implementation Plan (SIP) for the State of Missouri. This final action will amend the SIP to incorporate revisions to Missouri's rule related to the restriction of particulate matter emissions from fuel burning equipment used for indirect heating. These revisions add incorporation by reference information, remove unnecessary words, and make other editorial changes for clarity. These revisions are administrative in nature, do not impact the stringency of the SIP and do not adversely impact air quality. The EPA's approval of this rule revision is being done in accordance with the requirements of the Clean Air Act (CAA).

The FAA is superseding Airworthiness Directive (AD) 2020-24- 03, which applied to certain Airbus Helicopters Model AS350B, AS350BA, AS350B1, AS350B2, AS350D, AS355E, AS355F, AS355F1, and AS355F2 helicopters. AD 2020-24-03 required testing the UP/DOWN switches of a certain part-numbered DUNLOP cyclic stick grip, installing a placard, and revising the existing Rotorcraft Flight Manual (RFM) for your helicopter, or removing the DUNLOP cyclic stick grip. This AD retains some requirements of AD 2020-24-03 and also requires incorporating a new modification, and removing the placard and the RFM amendment installed previously as required by AD 2020-24-03. The additional actions are required as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. This AD was prompted by the development of a modification (MOD) procedure by Airbus Helicopters for the electrical wiring of the hoist control of the DUNLOP cyclic stick. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Honda Aircraft Company, LLC (Honda) Model HA-420 airplanes. This proposed AD was prompted by a report of in-flight smoke and fire that initiated from the windshield heat power wire braid. This proposed AD would require incorporating temporary revisions into the airplane flight manual (AFM) and the quick reference handbook (QRH) that modify procedures for windshield heat operation until the affected windshield assemblies are replaced. The FAA proposes this AD to address the unsafe condition on these products.

The Coast Guard is establishing a temporary safety zone on the navigable waters of the San Francisco Bay near Pier 27 in support of a fireworks display on October 1, 2021. The safety zone is necessary to protect personnel, vessels, and the marine environment from potential hazards created by pyrotechnics. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without the permission of the Captain of the Port San Francisco or a designated representative.

The FAA is adopting a new airworthiness directive (AD) for all DG Flugzeugbau GmbH Models DG-808C and DG-1000T gliders. This AD was prompted by mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI identifies the unsafe condition as damaged fuel hoses due to environmental and fatigue deterioration. This AD requires inspecting the polyurethane (PU) fuel hoses, replacing the PU fuel hoses if there is damage, and establishing a life limit for the PU fuel hoses. The FAA is issuing this AD to address the unsafe condition on these products.

The Postal Service is proposing to amend Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM[supreg]) to revise the process for calculating postage on a Periodicals publication pending authorization.

The U.S. Nuclear Regulatory Commission (NRC) is confirming the effective date of October 19, 2021, for the direct final rule that was published in the Federal Register on August 5, 2021. This direct final rule amended the NAC International NAC-UMS[supreg] Universal Storage System listing in the ``List of approved spent fuel storage casks'' to include Amendment No. 8 to Certificate of Compliance No. 1015. Amendment No. 8 revises the certificate of compliance to add the storage of damaged boiling-water reactor spent fuel, including higher enrichment and higher burnup spent fuel; change the allowable fuel burnup range; expand the boiling-water reactor class 5 fuel inventory that could be stored in the cask; and revise definitions in the technical specifications.

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of South Carolina, through the South Carolina Department of Health and Environmental Control (SC DHEC), on April 24, 2020. The SIP revision approves a non-substantive formatting change and the removal of an outdated sentence regarding test methods for gaseous fluorides from South Carolina's ambient air quality standards regulation. EPA is finalizing approval of these changes pursuant to the Clean Air Act (CAA or Act) and implementing federal regulations.

ONRR is withdrawing the ONRR 2020 Valuation Reform and Civil Penalty Rule (``2020 Rule'').

The Environmental Protection Agency (EPA) is taking final action to approve a State Implementation Plan (SIP) revision submitted by the State of Missouri on November 12, 2019, revising the maintenance plan demonstrating continued maintenance of the 1997 PM2.5 National Ambient Air Quality Standards (NAAQS) in the St. Louis area. This revision demonstrates that the St. Louis area no longer needs to rely on the vehicle Inspection and Maintenance (I/M) program and the use of Reformulated Gasoline (RFG) for continued maintenance throughout the maintenance period for the 1997 PM2.5 NAAQS. The EPA has determined that this revision meets the requirements of the Clean Air Act (CAA).

The Department of Veterans Affairs (VA) is amending and updating its VA Acquisition Regulation (VAAR) in phased increments to revise or remove any policy superseded by changes in the Federal Acquisition Regulation (FAR), to remove any procedural guidance internal to VA into the VA Acquisition Manual (VAAM), and to incorporate any new agency specific regulations or policies. This rulemaking revises VAAR coverage concerning Simplified Procedures for Health-Care Resources as well as an affected part concerning Solicitation Provisions and Contract Clauses.

Pursuant to the Resource Conservation and Recovery Act, as amended, the Environmental Protection Agency (EPA) proposes to take direct final action to approve revisions to the State of Nevada's Underground Storage Tank (UST) program since the previous authorization on July 17, 1998. This action is based on the EPA's determination that these revisions satisfy all requirements needed for program approval. In the ``Rules and Regulations'' section of this Federal Register, the EPA is approving the changes by direct final authorization because we believe this action is not controversial and do not expect comments that oppose it.

The FAA proposes to supersede Airworthiness Directive (AD) 2020-18-04, which applies to all Airbus SAS Model A350-941 and -1041 airplanes. AD 2020-18-04 requires a one-time health check of the slat power control unit (PCU) torque sensing unit (TSU), a detailed inspection of the slat transmission systems, corrective actions if necessary, and track 12 slat gear rotary actuator (SGRA) water drainage and vent plug cleaning. Since the FAA issued AD 2020-18-04, it has been determined that the one-time health check must be repetitive instead to monitor the TSU wear, and that the water drainage and vent plug cleaning is no longer required. This proposed AD would require repetitive health checks of the slat PCU TSU, a detailed visual inspection of the slat transmission systems, and corrective actions if necessary; as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference. The FAA is proposing this AD to address the unsafe condition on these products.

This document amends the Department of Veterans Affairs (VA) Schedule for Rating Disabilities (``VASRD'' or ``rating schedule'') by revising the portion of the rating schedule that addresses the cardiovascular system. The purpose of this revision is to ensure that this portion of the rating schedule uses current medical terminology and provides detailed and updated criteria for the evaluation of cardiovascular disabilities by incorporating medical advances that have occurred since the last review.

This document contains proposed amendments to the regulations relating to the user fees for the special enrollment examinations for enrolled agents and enrolled retirement plan agents. This document also contains a notice of public hearing on the proposed regulations. The proposed regulations increase the amount of the user fee for each part of the special enrollment examination for enrolled agents (EA SEE). The proposed regulations also remove the user fee for the special enrollment examination for enrolled retirement plan agents (ERPA SEE) because the IRS no longer offers the ERPA SEE or new enrollment as an enrolled retirement plan agent. The proposed regulations affect individuals taking the EA SEE. The Independent Offices Appropriation Act of 1952 authorizes charging user fees.

The Department of Veterans Affairs (VA) proposes to amend its regulations that govern fiduciary activities. More specifically, the proposed amendments would revise specific procedures to exempt a VA- appointed fiduciary who is also serving as a court-appointed fiduciary from posting multiple bonds and to also exempt a VA-appointed fiduciary that is also a State agency with existing, State-mandated liability insurance or a blanket bond from having to obtain an additional bond payable to the Secretary of Veterans Affairs.

The U.S. Department of Agriculture (USDA) is announcing a six- month moratorium on the enforcement of mandatory inspection requirements under the Federal marketing order for California walnuts.

The Environmental Protection Agency (EPA) is approving elements of a State Implementation Plan (SIP) revision submitted by the State of Illinois regarding the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2012 PM2.5 and 2015 ozone National Ambient Air Quality Standards (NAAQS). Additionally, EPA is approving the infrastructure requirements related to Prevention of Significant Deterioration (PSD) for previous NAAQS. The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA.

The U.S. Department of Energy (``DOE'') will hold a webinar to discuss and receive comments on the preliminary analysis it has conducted for purposes of evaluating energy conservation standards for consumer (residential) clothes washers (``RCWs''). The meeting will cover the analytical framework, models, and tools that DOE is using to evaluate potential standards for this product; the results of preliminary analyses performed by DOE for this product; the potential energy conservation standard levels derived from these analyses that DOE could consider for this product should it determine that proposed amendments are necessary; and any other issues relevant to the evaluation of energy conservation standards for RCWs. In addition, DOE encourages written comments on these subjects. To inform interested parties and to facilitate this process, DOE has prepared an agenda, a preliminary technical support document, and briefing materials, which are available on the DOE website at: www.regulations.gov/docket/EERE- 2017-BT-STD-0014.

We, the U.S. Fish and Wildlife Service (Service), announce 90- day findings on four petitions to add species to the Lists of Endangered and Threatened Wildlife and Plants and one petition to downlist a species from endangered to threatened under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petitions to list the American bumble bee (Bombus pensylvanicus), Long Valley speckled dace (Rhinichthys osculus ssp.), and Siuslaw hairy-necked tiger beetle (Cicindela hirticollis siuslawensis) present substantial scientific or commercial information indicating that the petitioned actions may be warranted. Therefore, with the publication of this document, we announce that we plan to initiate status reviews of these species to determine whether the petitioned actions are warranted. To ensure that the status reviews are comprehensive, we are requesting scientific and commercial data and other information regarding the species and factors that may affect their status. Based on the status reviews, we will issue 12-month petition findings, which will address whether or not the petitioned actions are warranted, in accordance with the Act. We further find that the petition to list the Tucson shovel-nosed snake (Chionactis annulata klauberi) and the petition to downlist the Florida torreya (Torreya taxifolia) do not present substantial scientific or commercial information indicating the petitioned action may be warranted. Therefore, we are not initiating a status review of those two species.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2021, which reduces the dollar threshold at which an acquisition is excepted from certain source restrictions.

We, the U.S. Fish and Wildlife Service (Service), announce findings that two species are not warranted for listing as endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). After a thorough review of the best available scientific and commercial information, we find that it is not warranted at this time to list Black Creek crayfish (Procambarus pictus) or hairy- peduncled beakrush (Rhynchospora crinipes). However, we ask the public to submit to us at any time any new information relevant to the status of any of the species mentioned above or their habitats.

The Environmental Protection Agency is proposing to require the control, capture, and/or destruction of a hydrofluorocarbon that would otherwise be emitted from manufacture of hydrochlorofluorocarbons. In this proposed rule, EPA is proposing to require companies to control, capture, and destroy HFC-23 byproduct generated at plants that manufacture class II ozone-depleting substances regulated under current Clean Air Act regulations, such as HCFC-22. HFC-23 is a very potent greenhouse gas that is generated as a byproduct during the manufacture of certain class II ozone-depleting substances, including HCFC-22. Under the Clean Air Act and the implementing regulations, the production and consumption of class II ozone-depleting substances, including HCFC-22, are restricted with limited exceptions. One such exception is production for use in transformation, or as a feedstock, which is allowed indefinitely. The Agency is proposing to limit emissions of HFC-23 from plants manufacturing HCFCs. The HFC-23 must be captured and employed for a commercial use or destroyed using a technology approved by the Environmental Protection Agency, thereby ensuring it is not directly emitted.